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BREAKING NEWS......Kadhis Courts are illegal
Magigi
#41 Posted : Monday, May 24, 2010 2:41:40 PM
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Joined: 3/31/2008
Posts: 7,081
Location: Kenya
...wacha tusikie wadadisi na wachanganuzi wa mambo ya kisiasa watasema nini njioni ya leo... LAKINI VILE CAPTAIN ATASEMA NITAFANYA HIVYO TU...

masukuma
#42 Posted : Monday, May 24, 2010 2:43:24 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@Wendz, come slowly don't despair. All we have to do is PAUSE. this review process is governed by laws created by human being, its not like we are trying to stop the volcano in ICELAND. we can stop this process right now. then amend.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Soko tele
#43 Posted : Monday, May 24, 2010 2:45:47 PM
Rank: Member


Joined: 8/19/2008
Posts: 60
Just the other day most of us were celebrating our judiciary for sending some MPs home. Today the tune has changed.

If i recall no one had an issue with Wako draft in regards to Kadhis court.

B.Timer
#44 Posted : Monday, May 24, 2010 2:47:50 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
Wendz wrote:
Haiya, I think we better just get used to living with the old constitution and make the best out of it~!!!!! clearly, we arent getting it any time soon.



Hold it there, we need this constitution.
All we needed do from the word go was re-phrase the relevant section to read something akin to;


All religions will be allowed to operate their own tribunals on matters limited to personal law, that relate to their faithfuls who choose to submit to such tribunals.
The tribunals will be run and funded fully by the sponsoring faiths.
Dunia ni msongamano..
Magigi
#45 Posted : Monday, May 24, 2010 2:56:02 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
@Masukuma
...It is too early to celebrate...
masukuma
#46 Posted : Monday, May 24, 2010 3:10:36 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@Magigi, we are not celebrating. we want the draft too. just without the kadhi's courts and abortion. simple requests.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
nanfor1
#47 Posted : Monday, May 24, 2010 3:12:08 PM
Rank: Member


Joined: 11/30/2009
Posts: 141
Now I support surealligator in this one.

I just recieved a rough copy of the ruling and i have to say, these guys are nuts.

They have stated that the Kadhis court is illegal. There are two ways to look at this.

if the court is illegal as they claim, then why even have it only working in the 10 mile strip? second, you cannot have the constitution as being illegal. It is the supreme law, so what is the precedent.

the worst is what guys are celebrating. By saying that "it favours one religion over another", it is opening up a whole can of worms.

Soon men will say the bill of rights favours women over men, and the youth over men or the healthy over the diabled. that is the precedent that these dunder heads have opened up.

I am still waiting on the case law they used as precedent. but if they are basing these on their own views, we may as well forget about a new constitution since everyone will use this ruling as precedent for everything.

by the way, now that they have ruled that the 10 mile strip issue is illegal, doesn't this now allow the hardliners in the coast who want their own region to actually leave?

this is more dangerous for the No campaigners because it is a ruling full of holes. if we revert to the present constitution, this ruling will not last 10 minutes under Gicheru and you will have that Kadhis court you so fear deeper in legal precedent because of the foolish ruling these fellows just made.
Hata wakizima taa
Wendz
#48 Posted : Monday, May 24, 2010 3:12:54 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
B.Timer wrote:
Wendz wrote:
Haiya, I think we better just get used to living with the old constitution and make the best out of it~!!!!! clearly, we arent getting it any time soon.



Hold it there, we need this constitution.
All we needed do from the word go was re-phrase the relevant section to read something akin to;


All religions will be allowed to operate their own tribunals on matters limited to personal law, that relate to their faithfuls who choose to submit to such tribunals.
The tribunals will be run and funded fully by the sponsoring faiths.


Trust me @B.Timer and @masukuma the people behind this (remove the kadhi courts and abortion in the picture because that is not the issue) have totally no intention of having this katiba go through..... Now am reading mischief even from the Yes sayers.... The must be armtwisting the AG, Chief Justice an anything that will work against this constitution for their own benefit and they dont want to carry the cross when it flops and they can wash their hands and say, "see, the people rejected it. We did all we could to have it go through". IMO, this ruling is just a vehicle to derail the process because of a more sinister clause.
Rahatupu
#49 Posted : Monday, May 24, 2010 3:17:58 PM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
Legalities aside, the ruling does not change the course that the constitutiton making process has taken. The status quo remains, the Kadhis Court will be part of our new constitution.

What is the benefit of shifting the complaints to the other side? Now do we feel good when "our Muslim brothers" start complaining?
masukuma
#50 Posted : Monday, May 24, 2010 3:18:49 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@B.Timer, actually article 45 (4) provides that for all religions and cultures (to the extent to those marriage or systems of law are consistent with the constitution).
Best case scenario - we stop the process on its tracks. do the amendments now. then proceed and we have a draft before the end of the year.
Worst case - we go for the Vote and I vote NO! and pray hard.

i am still optimistic of the Best case scenario.
@sokotele - you remember incorrectly, the Evangelicals had an Issue with Kadhi's courts and Abortion in article 35(2) of the Wako draft. but their clamor was shouted down by the Main ODM. they have had an issue with this courts since 2002 during the pre-bomas draft and the CKRC draft.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
willin2learn
#51 Posted : Monday, May 24, 2010 3:21:13 PM
Rank: Veteran


Joined: 2/12/2008
Posts: 1,178
@Masukuma

kudos for choosing to remain sober. The opposition is not to the whole draft but to specific provisions. I hope Yessayers can Pause for a moment and agree we shelve the contentious issues. Halafu ii kitu si tapigia YES
masukuma
#52 Posted : Monday, May 24, 2010 3:21:14 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
people are forgetting that the Kadhi's courts mainland were propagated by AN ACT OF PARLIAMENT.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
gathinga
#53 Posted : Monday, May 24, 2010 3:22:19 PM
Rank: Veteran


Joined: 11/30/2006
Posts: 635
at this rate, we beter forget the constition, abolish the one we have and live without one.UK operates without a written constitution
masukuma
#54 Posted : Monday, May 24, 2010 3:23:11 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@willin2learn, well said.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
nanfor1
#55 Posted : Monday, May 24, 2010 3:25:37 PM
Rank: Member


Joined: 11/30/2009
Posts: 141
I have decided that there is no constitution coming any time soon. I don't live in lala land and it is obvious to see what is happening here.

Some 3 judges make a terrible ruling on the old constitution. People talk about renegotiating. The muslims will this time insist on the Kadhis court and we are back to square one. This time no one willing to give an inch.

I am so sorry for my country. it was a good fight but sometimes, people just never learn.
Hata wakizima taa
masukuma
#56 Posted : Monday, May 24, 2010 3:26:00 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@gathinga,@wendz don't despair...there is hope.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#57 Posted : Monday, May 24, 2010 3:29:04 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@nanfor1, i am sure that everyone will be happy if the kadhi's courts are limited to where they were intended to be.
all things are possible - we can have this draft before the end of the year.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
theman192000
#58 Posted : Monday, May 24, 2010 3:45:37 PM
Rank: Member


Joined: 7/11/2008
Posts: 401
I'm not so sure that restricting the kadhi courts to the 10-mile coastal strip is practical as not all Muslims live on this strip. Since we are advocating for devolution of power we should also consider devolving justice.
Fundaah
#59 Posted : Monday, May 24, 2010 3:51:11 PM
Rank: Elder


Joined: 11/19/2008
Posts: 1,267
someone should rush to the court of appeal before the whole process is scuttled......One of the side shows....Lets see how the politics sensitive NSE will behave tommorow
Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
Fundaah
#60 Posted : Monday, May 24, 2010 3:55:20 PM
Rank: Elder


Joined: 11/19/2008
Posts: 1,267
a total CLEAN UP of the Judiciary is more than necessary...may be the Judges are among the NO agents ....or No proxies....resistors of change...
Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
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